International Trade

  • November 26, 2014

    Motorola's $3.5B LCD Price-Fixing Claim Tossed By 7th Circ.

    Motorola Mobility LLC cannot sue for $3.5 billion in U.S. court over liquid-crystal display panels its foreign subsidiaries bought from an alleged price-fixing cartel of tech companies including Samsung Electronics Co., Toshiba Corp. and Sanyo Consumer Electronics Co. Ltd., U.S. Circuit Judge Richard Posner said in an opinion released Wednesday.

  • November 26, 2014

    Bond Buyers Won't Copy Argentina Holdouts, S&P Says

    Argentina’s apparent defeat in an epic sovereign-debt dispute with a small group of U.S. hedge funds won’t encourage bondholders in future sovereign restructurings to litigate for full repayment instead of accepting negotiated haircuts, a ratings agency said Wednesday.

  • November 26, 2014

    US Pols Wary Of EU's Onerous Digital Trade Proposals

    Four trade heavyweights in the U.S. Congress on Tuesday warned European Union lawmakers against pursuing new digital commerce and competition policy proposals that could hamper market access and thus deal a significant blow to ongoing EU-U.S. trade talks.

  • November 26, 2014

    International Trade MVP: Covington's David Fagan

    By helping successfully steer major global M&A deals, including Lenovo Group Ltd.’s $2.1 billion acquisition of an IBM Corp. server business, through approvals by the Committee on Foreign Investment in the U.S., Covington & Burling partner David Fagan has earned a spot among Law360’s International Trade MVPs.

  • November 26, 2014

    In Rare Move, CFIUS Hands Over Cache Of Ralls Docs

    The Committee on Foreign Investment in the U.S. handed over 3,487 pages of documents from its review of Ralls Corp.'s planned purchase of an Oregon wind farm, according to a Tuesday court filing, an unprecedented turn in an ongoing dispute over the agency's rejection of the deal.

  • November 26, 2014

    WTO Poised To Seal Trade Facilitation-Food Security Truce

    The World Trade Organization is preparing for a Thursday vote that will simultaneously pave the way for the implementation of a deal to streamline global customs rules and formally enshrine a so-called peace clause shielding developing countries' food stockholding programs from legal challenges.

  • November 25, 2014

    Hershey's Win Final In IP Suit Against UK Candy Importer

    A California federal judge on Monday rebuffed a candy importer’s bid to escape a permanent ban on selling Mars Inc. and Nestle SA-produced sweets that The Hershey Co. contends infringe its marks.

  • November 25, 2014

    Judge Rips Into Attys In Solyndra Price-Fixing Docs Spat

    A California federal magistrate judge on Tuesday chided attorneys in a price-fixing feud between bankrupt Solyndra LLC and a trio of Chinese solar-panel companies, calling their demand for Solyndra's financial files a “blunderbuss request” and accusing Solyndra of obscuring details on the files it has.

  • November 25, 2014

    International Trade MVP: Wiley Rein's Timothy Brightbill

    By helping to secure a U.S. Department of Commerce decision imposing duties on Chinese solar panel manufacturers and persuading the World Trade Organization to rule against that country’s restrictions on rare earth exports, Wiley Rein LLP partner Timothy Brightbill has landed among Law360’s International Trade MVPs.

  • November 25, 2014

    EU Approves Proposals To Open Up Trade Talks With US

    The European Commission on Tuesday gave its approval to a series of proposals from its trade negotiating office to shed more light on the ongoing Transatlantic Trade and Investment Partnership talks with the U.S., which have been slammed with criticisms of secrecy since their launch last year.

  • November 25, 2014

    Automotive Co. Continental Will Pay $4M For Fixing Prices

    Continental Automotive Electronics LLC has agreed to plead guilty and pay a $4 million criminal fine for its role in a conspiracy to rig bids of instrument panel clusters installed in Korean vehicles made and sold in the U.S., the U.S. Department of Justice announced on Monday.

  • November 25, 2014

    US-India Forge Ahead On IP, Food Issues At Trade Summit

    The U.S. and India revived their long-dormant bilateral Trade Policy Forum in New Delhi Tuesday, with each side vowing to enhance their engagement on a slew of policy issues including intellectual property protections, agricultural trade and investment liberalization.

  • November 24, 2014

    Samsung Escalates Nvidia Chip Patent Row With ITC Action

    Samsung Electronics Co. on Friday asked the U.S. International Trade Commission to block shipments of products made by graphics chipmaker Nvidia Corp. it says infringe on its memory and data patents, escalating an ongoing patent infringement dispute between the two companies in related ITC and federal court suits.

  • November 24, 2014

    ITC Has No Induced Infringement Power, Fed. Circ. Told

    Suprema Inc. on Friday reiterated its argument that the full Federal Circuit should rule that the U.S. International Trade Commission lacks authority to hear induced patent infringement cases when a product is found to infringe only after importation.

  • November 24, 2014

    Toshiba Calls ITC Patent Ruling 'Manifest Injustice'

    Toshiba Corp. on Friday responded to the International Trade Commission's decision to review an ITC administrative law judge's determination that Toshiba imported products that infringe two digital display patents, saying the ALJ's ruling contained significant errors that “led to a manifest injustice.”

  • November 24, 2014

    US Hits Chinese Tires With First Round Of Tariffs

    The U.S. Department of Commerce on Monday determined that the Chinese government has been providing its tire producers with illegal subsidies and handed down a preliminary set of countervailing duty margins aimed at giving relief to U.S. producers.

  • November 24, 2014

    CIT Signs Off On Trimmed Carbon Duties For 3 Chinese Cos.

    The U.S. Court of International Trade on Monday backed a revised U.S. Department of Commerce anti-dumping duty review of Chinese carbon imports, signing off on the agency's decision to erase duties on three Chinese firms while keeping its determinations for a fourth shipper unaltered.

  • November 24, 2014

    USTR Stumps For Better IP Protection Ahead Of India Summit

    U.S. Trade Representative Michael Froman on Monday set the stage for the first U.S.-India trade summit in more than four years with a call for New Delhi to shore up its intellectual property regime, which has long been a thorn in the side of the pharmaceutical industry and other patent holders.

  • November 24, 2014

    DOE Approves Half Of Alaska Gas Project's Export License

    The U.S. Department of Energy on Friday granted Alaska LNG Project LLC the authorization to export liquefied natural gas to countries with which the U.S. has a free trade agreement, saying that it's still reviewing the application to export to non-FTA countries.

  • November 21, 2014

    Sens. Lean On Customs To Shore Up IP Enforcement

    Senate Finance Committee leaders on Thursday called on U.S. Customs and Border Protection to immediately improve its patent infringement oversight in the wake of a U.S. Government Accountability Office report showing that some of the agency's procedures were out of date.

Expert Analysis

  • What To Know About Extending Patent Term In Southeast Asia

    James Kinnaird

    For pharmaceutical products, the most general form of extended patent protection available in Southeast Asia is currently data exclusivity, says James Kinnaird of Marks & Clerk.

  • Reminder: FCPA Charges Can Focus On Improper Gifts Alone

    Philip Urofsky

    The government’s tendency to mention improper gifts as mere "icing on the cake" to more serious allegations of cash bribes does not mean that prosecutors will not bring enforcement actions for gifts alone, as shown by the U.S. Securities and Exchange Commission's recent Foreign Corrupt Practices Act action against two former employees of defense contractor FLIR Systems Inc., say Philip Urofsky and Kyle Noonan of Shearman & Sterling LLP.

  • Remembering Doar: Justice As A 4-Letter Word

    Kevin J. Curnin

    John Doar ran the U.S. Justice Department's Civil Rights Division at perhaps the most chaotic and pivotal time in its history. His passing earlier this month is an occasion for lawyers everywhere to marvel at just how impactful one attorney can be. He didn’t just preside at a historic time, he calmly and coolly shaped it, says Kevin Curnin of the Association of Pro Bono Counsel.

  • Why Trade Legislation Must Address Trade Remedy Evasion

    Terence Stewart

    The growing problem of evasion of anti-dumping and countervailing duties presents an important challenge and should be taken up by Congress urgently when Trade Promotion Authority is considered, says Terence Stewart of the Law Offices of Stewart and Stewart.

  • DOJ Is Moving Away From The Halliburton Opinion

    Charles Duross

    The U.S. Department of Justice recently issued its second Foreign Corrupt Practices Act opinion release of 2014. The DOJ's conclusion that the acquisition of a company does not create FCPA liability where none existed before is both unsurprising and entirely consistent with the FCPA resource guide, but perhaps more interesting than what the DOJ said is what the DOJ did not mention — the Halliburton opinion, say attorneys with Morri... (continued)

  • Free Trade, Comity And The Bankruptcy Code

    Debora Hoehne

    The free movement of goods, services, people and capital across territorial boundaries seems to be fertile ground for litigation regarding the enforcement of foreign judgments, as in the case of Elcoteq Inc., where the U.S. Bankruptcy Court for the Northern District of Texas tackled issues of comity and the extraterritorial reach of the automatic stay, says Debora Hoehne of Weil Gotshal & Manges LLP.

  • Differentiate Your Litigation Practice With Data Security

    Jennifer Topper

    Despite the significant tilt toward technology in how litigation is now conducted, many senior lawyers still delegate tech-related issues to e-discovery specialists or associates at their firms. This is a missed opportunity not just for client development, but also for shaping the way the firm and lawyer are seen in the eyes of corporate counsel, says legal industry business development specialist Jenn Topper.

  • Voluntary Disclosure: The Continuing FCPA Debate

    Michael Volkov

    In the absence of a defined benefit that a company can earn from voluntary disclosure, Foreign Corrupt Practices Act practitioners are left to guess the exact benefit or range of outcomes that could result. Some have dusted off an old proposal to address this issue — adoption of a corporate leniency program similar to that used by the Antitrust Division. The proposal has no merit, says Michael Volkov of The Volkov Law Group LLC.

  • Wind River Case May Signal Change For Encryption Exports

    Grayson Yeargin

    The recent settlement between the U.S. Department of Commerce’s Bureau of Industry and Security and Wind River Systems Inc., a subsidiary of Intel Corp., may indicate that BIS is tightening the reins on encryption exports. It is also a cautionary tale for companies engaging in mergers and acquisitions with exporters of software products containing encryption, say Grayson Yeargin and Emily Crandall Harlan of Nixon Peabody LLP.

  • The Print Room: How To Spend Less And Get More

    Senthil Rajakrishnan

    Our estimates indicate that some law firms spend up to $8,000 per attorney each year on print-related costs. Although we live in a digital world, hard copy printing will remain an important part of business for years to come. Changing technology, however, offers opportunities to improve efficiencies and save money, say Senthil Rajakrishnan and Ryan Mittman of HBR Consulting LLC.